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Overstayed < 1 year & took voltary dep in '10 after removal proceeding/NTA issuance. Am I subject to 3 yr bar for immigrant visa

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Remained in US after Oct 31 09 without authorization. Received NTA Removal Proceeding on Aug 9 2010. On Sept 13 2010 granted voluntary departure by immigration judge. Left US on Oct 15 2010. My priority date is approaching and I am likely to have my immigrant visa interview in the near future (petition filed by my mother who is US Citizen). Am I likely to be subject to the 3 year or 10 year bar? What should I do or can I do to avoid bar (in my view, I was unlawfully present < 365 days and also took VD after removal proceeding so should not be subject to 3 year bar).

Attorney Answers 5


  1. Best answer

    Correct. You are not subject to 3 year bar if granted voluntary departure by IJ and your ULP was less than 365 days.

    Husna Alikhan, Esq., www.alikhanlaw.com TEL: 702-374-6619. Nothing in this response to your posting on AVVO is intended or should be considered as legal advice to your specific situation. Our posting is intended to provide general information of interest to the public. Facts relevant to your situation and not disclosed in your posting may affect your specific legal rights and remedies.


  2. It sounds like you are subject to the 3 year bar. You overstayed in the US for more than 180 days and are therefore subject to a 3 year bar. Consult an attorney.

    Alexus P. Sham alexuspshamesq@gmail.com (917) 498-9009. The above information is only general in nature and does not constitute legal advice. It does not create an attorney-client relationship.


  3. You really need to meet with a local immigration attorney and bring in any documents that have been all ready filed in your case. You need to see a local immigration attorney immediate.

    Without meeting with you, and knowing all the facts and circumstances of your case, my opinion is not to be construed as legal advice, just general educational information.


  4. By your facts it appears you are subject to a three year bar.

    973-984-0800. Please be advised my answers to questions does not constitute legal advice and you should not rely on it, due to the fact that we have never met, I have not been aprised of the facts in you case nor have I reviewed any documents.


  5. The three year bar is triggered at 180 days. The 10 year bar is triggered at 1 year. So you are subject to that bar. You should call an immigration lawyer to determine the best way to avoid having to file the waiver because the details of your case need to be confirmed and complete before determining this strategy.

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